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U.S. v. CASTRO

No. 92-2909.

26 F.3d 557 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin CASTRO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 11, 1994.

Attorney(s) appearing for the Case

Arturo Hernandez-Melendez, San Jose, CA, for appellant.

Jeffrey A. Babcock, Paula C. Offenhauser, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, TX, for appellee.

Before HIGGINBOTHAM and WIENER, Circuit Judges, and KAUFMAN, District Judge.

FRANK A. KAUFMAN, District Judge:

Petitioner appeals from the denial of his motion for a writ of coram nobis which he seeks, contending that when he pleaded guilty to a felony conviction, his counsel's failure to advise him of the availability of a Judicial Recommendation Against Deportation ("JRAD") constituted ineffective assistance of counsel. We reverse.

FACTS

Petitioner, Marvin Castro, is a citizen of Honduras. In 1984, while attending...

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